11-10-97 Regular
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
NOVEMBER 10, 1997
CALL TO ORDER
The meeting was called to order by Mayor Kirsch at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
ROLL CALL
Members Present:Martin Kirsch, Mayor; Susan Rosenberg; Russ Susag; and Kristal
Stokes.
Members Not
Present:Michael Sandahl.
City Manager Prosser stated that Council Member Sandahl had notified him that he
would not be present at tonight’s meeting because of a job commitment.
M/Susag, S/Stokes to determine the absence of Council Member Sandahl as an
excused absence.
Motion carried 4-0.
Staff Present :James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Bruce Palmborg,
Community Development Director; Mike Eastling, Public Works
Director; Gretchen Blank, Recreation Services Director; Randy
Hughes, Operations Coordinator; Vaughn Lambert, Police Captain;
Steve Sutter, Fire Marshall/Assistant Chief; William Fillmore, Liquor
Operations Director; and Corrine Thomson, City Attorney.
Council Meeting Minutes-2-November 10, 1997
APPROVAL OF MINUTES
M/Stokes, S/Susag to approve the minutes of the Regular City Council Meeting of
October 27, 1997; the minutes of the City Council Study Session of November 3, 1997;
and the minutes of the Special Joint City Council/Richfield School Board Meeting
November 3, 1997.
Motion carried 4-0.
Item #1OPPORTUNITY FOR PERSONS TO ADDRESS THE CITY COUNCIL ON
ANY ITEM NOT LISTED ON THE AGENDA.
Dean Sturgis, leader for Boy Scout Troop 384, introduced the Boy Scouts who
were attending the Council meeting as a part of earning their citizenship and community
merit badge.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Susag, S/Stokes to approve the agenda.
Motion carried 4-0.
Item #3CONSIDERATION OF VARIOUS PURCHASE OFFERS FOR FORMER
LAMBERT LUMBER PROPERTY. C.L. NO. 274
City Manager Prosser reviewed Council Letter No. 274 regarding consideration of
the purchase offers received for the former Lampert Lumber property from the following:
Asset Development Services
Candlewood Hotel Company
Bayport Properties
Studio Plus Properties
Richfield Bloomington Honda
He identified Candlewood Hotel Company as submitting the preferred purchase
offer and recommended that the City Council authorize staff to negotiate a final purchase
agreement with the Candlewood Hotel Company.
Council Meeting Minutes-3-November 10, 1997
Gary Tushie, Tushie Montgomery Associates Inc., architect for the proposed 134
room Candlewood Hotel, reviewed a site plan drawing for the project. He stated the
orientation of the three story hotel on the site would allow for the possible construction of
a free standing restaurant if part or all of the adjacent excess railroad right-of-way
becomes available.
Andrew Chaney, Real Estate Manager for Candlewood Hotel Company, Wichita,
Kansas, reviewed the Candlewood Studio Hotel concept which serves the market for
extended stay business travelers.
Larry Wozniczka, 6744 Wentworth Avenue, stated his objections to the proposed
Council action based on procedural concerns related to City Charter provisions regarding
the sale of City owned property. He also stated concerns about relocation of the City
garage operations currently located at this site and whether there would be a public
hearing regarding the new City garage facility.
City Attorney Thomson explained that the City Charter did allow the City to
negotiate a purchase agreement for the property with the sale being contingent upon
passage of the transitory ordinance for the sale of the property or providing for execution
of the agreement after approval of the transitory ordinance.
City Manager Prosser reviewed issues related to the relocation of City maintenance
operations.
Council Member Rosenberg noted that this transaction was similar to selling a
house because the City had to have a buyer identified in order to move forward with the
procedures to sell the property.
Mayor Kirsch stated that the City purchased the property in 1993 for $450,000 and
now is selling it for $1.6 million.
M/Rosenberg, S/Susag that Candlewood Hotel Company is identified as the
preferred buyer, and staff is directed to negotiate a final purchase agreement, and the
Mayor and City Manager are authorized to execute the agreement; that the agreement is
to provide the use of brick on all exterior building walls; and in the event the City and
Candlewood Hotel Company are unable to negotiate an agreement, staff is directed to
negotiate and execute a final purchase agreement with Studio Plus Properties which the
Mayor and City Manager are authorized to sign.
Motion carried 4-0.
Item #4 CONSENT CALENDAR
A.APPROVED AUTHORIZATION TO EXTEND CONTRACT NO. A01384 WITH
HENNEPIN COUNTY TO ALLOW CONTINUED ACCESS TO PROPERTY
INFORMATION SYSTEM C.L. 275
Council Meeting Minutes-4-November 10, 1997
B.APPROVED RESOLUTION DESIGNATING CITY’S CONTRIBUTION TOWARD
HEALTH, TERM LIFE AND DENTAL INSURANCE PREMIUMS FOR GENERAL
SERVICES AND MANAGEMENT EMPLOYEES C.L. 276
RESOLUTION NO. 8520
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, TERM LIFE AND DENTAL INSURANCE
PREMIUM FOR MANAGEMENT AND GENERAL SERVICES EMPLOYEES
This resolution appears as Resolution No. 8520 in Resolution Book No. 67.
C.APPROVED LETTERS OF UNDERSTANDING MODIFYING COLLECTIVE
BARGAINING AGREEMENTS FOR 1998 INSURANCE CONTRIBUTIONS C.L.
277
D.APPROVED APPOINTMENTS OF TO MINNEHAHA CREEK WATERSHED
DISTRICT’S BLUE WATER COMMISSION C.L. 278
M/Stokes, S/Rosenberg to approve the consent calendar.
Motion carried 4-0.
Item #5PUBLIC HEARING TO CONSIDER REQUEST FOR NEW ON-SALE
LIQUOR AND SUNDAY LICENSE FOR GR OF MINN., INC., DBA THE
GROUND ROUND, 1500 EAST 78TH STREET. C. L. NO. 279
City Manager Prosser reviewed Council Letter No. 279 regarding a request from
GR of Minn. Inc., dba The Ground Round, 1500 East 78th Street, for new on-sale and
Sunday liquor licenses.
Joe Bagnoli, 2200 LaSalle Plaza, attorney representing Ground Round, reviewed
the ownership changes which resulted in this new application as required by City
ordinance.
Council Member Susag asked about the Public Safety contacts with The Ground
Round.
Captain Lambert stated that the Public Safety contacts with The Ground Round had
not been unusual in number or type.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 4-0.
Council Meeting Minutes-5-November 10, 1997
M/Susag, S/Rosenberg to approve granting the new 1997 on-sale and Sunday
liquor licenses for GR of Minn., Inc., dba The Ground Round, 1500 East 78th Street, with
the following stipulation:
1.That the requirements are met in Resolution No. 7380.
Motion carried 4-0.
Item #6PUBLIC HEARING REGARDING APPEAL OF VARIANCE DENIAL FOR
6718 LAKEVIEW AVENUE. C.L. NO. 280
City Manager Prosser reviewed Council Letter No. 280 regarding the appeal by
Dorothy Kranz, 6718 Lakeview Avenue, of the hearing examiner’s denial of her request for
a front setback variance to construct a deck onto the front of the house.
Dorothy Kranz, 6718 Lakeview Avenue, reviewed site drawings showing curb lines,
lot configuration, building orientation, and the proposed deck. She reviewed photographs
of the house and lot. She indicated the desire to create a front porch affect on the house.
She noted the irregular shape of the lot and the excess of street right-of-way which makes
the setback less critical. She stated that all of the neighbors find her proposal to be
acceptable.
City Manager Prosser reviewed the alternative recommendations in Council Letter
No. 280.
Discussion followed regarding vacation of the excess right-of-way and the undue
hardship considerations in variance cases.
Don McLeland, 6721 Oakland Avenue, spoke in support of granting the variance as
an appropriate interpretation of the guidelines.
Judy Haeny, 6709 Lakeview Avenue, spoke in support of granting the variance.
City Attorney Thomson reviewed the statutory and ordinance regulations regarding
the granting of a variance.
John Stavros, 6717 Lakeview Avenue, spoke in support of granting the variance.
M/Susag, S/Rosenberg to close the public hearing.
Motion carried 4-0.
Council Member Rosenberg stated that granting the variance would provide for an
improvement to a unique property which would not be detrimental to the neighborhood.
Council Meeting Minutes-6-November 10, 1997
Council Member Susag stated that the property configuration and setback from the
curb created unique circumstances to warrant granting the variance.
M/Rosenberg, S/Susag to overrule the Hearing Examiner’s decision of denial and
to approve the request of Dorothy Kranz, 6718 Lakeview Avenue, to grant a variance that
would reduce the front setback requirement from 30 feet to 8 feet for the construction of a
deck onto the front of the house with a finding of fact that the variance meets the City and
State criteria for a variance.
Motion carried 4-0.
Item #7CONSIDERATION OF APPROVAL OF RESOLUTION AWARDING SALE OF
$750,000 TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS,
SERIES 1997; FIXING FORM AND SPECIFICATIONS; DIRECTING
EXECUTION AND DELIVERY; AND PAYMENT . C.L. NO. 281
City Manager Prosser reviewed Council Letter No. 281 regarding awarding the sale
of $750,000 Taxable General Obligation Improvement Bonds related to certain public
improvements necessary for the TOLD Development, Meridian Crossings project.
Sid Inman, Ehlers and Associates, Inc., presented the bid tabulation and
recommended the award of sale to John G. Kinnard & Company.
Council Member Susag inquired about the bond rating for these bonds.
Mr. Inman reviewed the recent changes in bond rating designations and stated that
Moody’s Investors Service had given these bonds a rating of “Aa3”.
M/Susag, S/Stokes that the following resolution be adopted, that it be spread in the
resolution book and that it be made part of these minutes:
RESOLUTION NO. 8521
A RESOLUTION AWARDING THE SALE OF $750,000
TAXABLE GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997;
FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION
AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Motion carried 4-0. This resolution appears as Resolution No. 8521 in Resolution
Book No. 67.
Council Meeting Minutes-7-November 10, 1997
Item #8CONSIDERATION OF FIRST READING OF ORDINANCE REGULATING
AND LICENSING TATTOO BUSINESSES WITHIN RICHFIELD. C.L. NO.
282
City Manager Prosser reviewed Council Letter No. 282 regarding a proposed
ordinance regulating and licensing tattoo businesses within Richfield.
M/Susag, S/Rosenberg that this constitute the First Reading of this ordinance
regulating and licensing tattoo businesses with Richfield, and that the Public Hearing and
Second Reading of the ordinance be scheduled for the December 8, 1997 City Council
meeting.
Motion carried 4-0.
Item #9CONSIDERATION OF FIRST READING OF ORDINANCE AMENDMENT TO
ZONING ORDINANCE, SECTION 526, ESTABLISHING ZONING
REGULATIONS FOR TATTOO ESTABLISHMENTS.C.L. NO. 283
City Manager Prosser reviewed Council Letter No. 283 regarding a proposed
ordinance amendment establishing zoning regulations for tattoo establishments.
Council Member Rosenberg stated concern about particular locations to minimize
the negative impact this type of use might have on an area.
City Manager Prosser stated that the Planning Commission attempted to develop
appropriate location restrictions for tattoo establishments which will be upheld in the
courts. He stated that staff would provide more site specific information to the City
Council.
M/Rosenberg, S/Stokes that this constitute the First Reading of this ordinance
amendment to zoning ordinance Section 526; and that the Public Hearing and Second
Reading of the ordinance be scheduled for the December 8, 1997 City Council meeting.
Motion carried 4-0.
Item #10CONSIDERATION OF FIRST READING OF TRANSITORY ORDINANCE
VACATING STREETS IN NEW FORD TOWN AND RICH ACRES. C.L. NO.
284
City Manager Prosser reviewed Council Letter No. 284 regarding the proposed
transitory ordinance vacating certain public right-of-way in New Ford Town and Rich
Acres neighborhoods.
Council Meeting Minutes-8-November 10, 1997
M/Susag, S/Rosenberg that the following resolution be adopted, that it be spread in
the resolution book and that it be made part of these minutes:
RESOLUTION NO. 8522
RESOLUTION AUTHORIZING RECEIPT OF STREET RIGHT-OF-WAY PETITION AND
CALLING FOR PUBLIC HEARING (New Ford Town and Rich Acres)
Motion carried 4-0. This resolution appears as Resolution No. 8522 in Resolution
Book No. 67.
M/Stokes, S/Susag that this constitute the First Reading of this transitory ordinance
vacating streets in New Ford Town and Rich Acres; and that the Public Hearing and
Second Reading of the ordinance be scheduled for the December 8, 1997 City Council
meeting.
Motion carried 4-0.
Item #11AIRPORT STATUS REPORT
City Manager Prosser reviewed the status of the following airport issues:
x
North-South Runway
The Environmental Impact Statement (EIS) is due out in January. MAC
Executive Director Jeff Hamiel told MASAC members that the preliminary
grading phase of construction will probably take place in March.
Mr. Hamiel also indicated that the MAC wanted to start a new era of cooperation
in addressing community livability concerns.
x
Noise Mitigation Plan
A meeting between Richfield staff, consultants, RASG, and Metropolitan Council
will be held on November 21 for preparation of Richfield’s Noise Mitigation Plan.
Item #12LEGISLATIVE REPORT
None.
Item #13COUNCIL DISCUSSION ITEMS
Council Meeting Minutes-9-November 10, 1997
Mayor Kirsch invited the public to attend the Richfield Foundation Rave Revue on
November 22 at 7:00 p.m. in the Richfield High School Auditorium. He stated the featured
entertainment would be The John Philip Sousa Band of Edina.
Item #14CLAIMS AND PAYROLL
M/Rosenberg, S/Susag that the following claims and payrolls be approved:
RICHFIELD BANK & TRUST CO.
Checks: 71576-71608,$73,885.85
H/C:71934-72248$611,916.22
FIRSTAR BANK
Payroll: 106634-106650, 108095, 108087,
108088,108698-108973$462,443.88
Motion carried 4-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:05 p.m.
Date Approved:
Martin J. KirschMayor
Thomas P. FerberJames D. Prosser
City ClerkCity Manager